Legal Opinion

Abernathy v. LaBarge (In Re Abernathy)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 8, 2001No. 00-6098EMPublishedCited by 13 opinions

1Opinion of the Court

KOGER, Chief Judge.

The debtor, Josephine L. Abernathy, appeals from the Bankruptcy Court’s ruling that she was only entitled to claim one-third of the homestead exemption provided under Missouri law because she was one of three joint tenant owners of the real estate in which she claimed the homestead. For the reasons that follow, we reverse.

Factual Background

Ms. Abernathy, a single person, filed a voluntary petition under Chapter 7 of the Bankruptcy Code on May 2, 2000. She claimed an $8,000 homestead exemption under Mo.Rev.Stat. § 518.475.1 in real property that she co-owns as joint tenants…

2Cases cited29 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. LemaireCourt of Appeals for the Eighth Circuit · 1990
  3. Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
  4. Catherine Norwood Winters, Acting by and Through Her Attorney-In-Fact, Toni Louise McMahon v. George Mason Bank Robert O. Tyler, TrusteeCourt of Appeals for the Fourth Circuit · 1996
  5. In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991

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3Cited by13 opinions

  1. Martin v. Bucher (In Re Martin)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
  2. Nelson v. Ramette (In Re Nelson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  3. Anderson v. Seaver (In Re Anderson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Peet v. Checkett (In re Peet)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  5. In re NguyenUnited States Bankruptcy Court, W.D. Missouri · 2005

8 more not listed; retrieve them via the Exa API.

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